GAZACITY (IRIN)
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While there have been emotional scenes after the release of 477
Palestinian prisoners held in Israeli jails, concerns are being raised
about the plight of 164 Palestinian children from the West Bank in
Israeli custody.
They were either sentenced or are being detained, mainly for stone-throwing, according to the UN Children’s Fund (UNICEF)
which, along with other international organizations, is appealing to
the Israeli government to release all Palestinian children in Israeli
military detention.
It is unclear whether the children will be part of the second wave of 550 releases in the coming two months.
“UNICEF
calls on the Israeli government to release Palestinian child detainees
so that they can be reunited with their families,” said Jean Gough, a UNICEF
representative for the West Bank and Gaza. “As stated in the Convention
on the Rights of the Child, the detention of children should be used
only as a measure of last resort and for the shortest appropriate period
of time,” she said.
The Israeli justice ministry was unable to confirm the number of Palestinian children detained by Israel.

Mother can’t speak to son
Rami
Abu Haneieh, aged 14 and from Hebron, was arrested by Israeli forces
one month ago for throwing stones. “I have not been permitted to see or
speak with him since his arrest,” said his mother, Khloud Abu Haneieh, a
primary school teacher. His lawyer was allowed to visit Rami once, said
Khloud, adding that her son may be released as part of the second wave
of the prisoner swap.
The organization Defence for Children International-Palestine Section (DCI-Palestine) also issued an urgent appeal for the children to be freed.
According to the latest figures released by the Israeli Prison Service and DCI-Palestine,
on 1 October there were 164 Palestinian children (aged 12-17) in
Israeli detention facilities, including 35 aged 12-15. Seventy-six of
these children have been sentenced, while 88 children are being held in
pre-trial detention.
The number of Palestinian children detained in Israel fluctuates, said UNICEF
spokesperson Catherine Weibel in Jerusalem. In 2010, on average 250
children were in detention each month, and in 2009 the monthly average
reached 300, she said.DCI estimates
that each year about 700 Palestinian children aged 12-17 from the West
Bank are prosecuted in Israeli military courts after being arrested,
interrogated and detained by the Israeli military, police or security
agents. According to UNICEF, more than 7,000 Palestinian children were arrested and detained by Israeli authorities over the past 10 years.
Sabri Awad, 16, from Beit Ommar,
near Hebron, was arrested and detained by Israeli soldiers three weeks
ago. “Our family and his lawyer have not been allowed to see or speak
with him,” said his 18-year-old brother, Yousif Awad, unsure why Sabri
was arrested.
In 2010 two children were being held in administrative detention
(detention without charge or trial authorized by administrative order
rather than judicial decree) in violation of international law, reports UNICEF, although there are none at present.
According to Weibel, Palestinian children from East Jerusalem
are tried in civil courts administered by the Israeli police, just the
same as Israeli children. Palestinian children from elsewhere in the
West Bank are tried in military courts.
Palestinians arrested by
the Israeli army in the West Bank fall under the jurisdiction of Israeli
“military legislation.” This is a separate military court system that
applies only to Palestinians, according to the Israeli military.
Radhika Coomaraswamy, UN
special representative for children in armed conflict said: “Juvenile
justice standards are clear; children should not be tried before
military tribunals.”
Since Israel’s “disengagement” from the Gaza
Strip in September 2005, Palestinians from Gaza detained by Israeli
authorities are generally prosecuted in Israel under civilian security
legislation, and not under military law.
It is a violation of
Article 76 of the Fourth Geneva Convention to remove children under
military occupation from occupied territory, said spokesperson Weibel,
thereby prohibiting family visits.
The Israeli army admits that
most Palestinian detainees are imprisoned inside Israel, but argues that
removing Palestinians from the West Bank is approved by the Israeli high court and is consistent with Israeli law.

Torture persists
According to DCI,
reports of torture and ill-treatment during the arrest, transfer and
interrogation stages in the system when children may be pressured to
sign confessions, have persisted for years.
“Ill-treatment starts
at the moment of arrest, when many children report experiencing
terrifying night-time raids on the family home, before being tied, often
painfully so, and blindfolded,” reports DCI.
Also,
children continue to be interrogated in the absence of a lawyer or a
parent, and continue to be denied bail in around 90 percent of cases in
violation of Article 37(b) of the UN Convention on the Rights of the Child, according to DCI.
The Israeli Prisons Service was unavailable for comment.
In
2010, there were at least 90 cases documented of the ill-treatment of
Palestinian children while detained by Israeli authorities, said Weibel,
and in 2009 there were at least 101 cases documented.Hamas
deputy foreign minister Ghazi Hamad, who participated in talks with
Israel to broker the prisoner swap deal, said: “Nearly 200 children and
medical patients being held prisoner may be part of the second wave [of
prisoner releases].”

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